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RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1444 - MICHAEL SVOBODA AND JOHN WARDLAW WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1444, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1444 was submitted by Michael L. Svoboda and John M. Wardlaw for property which is located in part of the SiNW'-,-, and part of the SW*NE* of Section 4, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, Lot B of Recorded Exemption #746, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 62.3 acres and 34.7 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 3. The Recorded Exemption plat shall show a 75' right-of-way reservation north from the centerline of Highway 37. 4. Prior to any change of use on the property, an access permit shall be obtained from the State of Colorado, Transportation Division. 920953 t l c/ cc PL /i- P RECORDED EXEMPTION NO. 1444 - SVOBODA & WARDLAW PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS �/ I; <' f) �" WELD CO NTY, COLORADO ATTEST: r'. i�I�' r� ,`:%. Weld County Clerk to the Board George Kenn y, Chairman BY: EXCUSED DATE OF SIGNING (AYE) Deputy Clto the Board Constance L. Harbert, Pro-Tem APPROVED AS TO FORM: C. W. Kir• 6.2 County Attorney Gord• a ry � , W. Webster 920953 • 1t rit DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 ID 915 10th STREET VI GREELEY,COLORADO 80631 C COLORADO September 30, 1992 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1444 Dear Commissioners: This request for a recorded exemption is submitted by Michael L. Svoboda and John M. Wardlaw. The parcel of land on which this request is being made is described as part of the S2 of the NW4 and part of the SW4 of the NE4 of Section 4, T5N, R64W of the 6th P.M. , Weld County, Colorado; Lot B of Recorded Exemption 740. The property is located north of Colorado Highway 37 (East 8th Street) , east of Weld County Road 53. The request is to divide a 97 acre parcel of land, which is the total contiguous land of the applicants, into two lots of 62 . 3 acres and 34. 7 acres, more or less. Access to the proposed lots is provided by Highway 37. Water service to both lots is proposed to be North Weld County Water District. Sewer service has been proposed as septic systems. Neither proposed lot contains a dwelling at this time. The application states that Mr. Wardlaw currently farms the proposed 34 acre parcel in conjunction with his farming and cattle feeding operation located across the highway to the south. The rest of the property is used by Mr. Svoboda, who, if this application is approved, plans to construct a dwelling on the 62 acre parcel. The State Division of Highways has reviewed this request and has stated that any change of the use of the property, including the construction of a residence, will require an access permit. The Town of Kersey has reviewed the application and has stated that the proposal does comply with the town' s comprehensive plan. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions occurring in this area. The parcel in question is Lot B of a recorded exemption which was approved in 1985 . That recorded exemption created this 97 acre parcel and a 15.5 acre parcel. In 1982 , Recorded Exemption 568 created a 1. 8 and a 1.5 acre parcel, immediately west of the parcel in question. The parcels as they exist are shown on the attached aerial photograph. Continued divisions in this area may evade 920953 BOARD OF COUNTY COMMISSIONERS Recorded Exemption 1444 Page 2 the intent and purpose of the Weld County Subdivision Regulations. Increased residential development in rural areas requires more urban-type services such as road maintenance, snow removal, utilities , sheriff and fire protection and school busing. The service demands increase as the density is increased. The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. Sincerely, 11 al Lanell J . anson Current Planner LJS/bjs CONDITIONS OF APPROVAL RE-1444 MICHAEL L. SVOBODA AND JOHN M. WARDLAW 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 3. The recorded exemption plat shall show a 75 foot right-of-way reservation north from the centerline of Highway 37. 4. Prior to any change of use on the property, an access permit shall be obtained from the State of Colorado, Transportation Division. 92,© 53 3. 9 h G ..I a3-- V 3. •1 I Imo_ I� E b y LT c7� • a Lowe. -. r� • !. • - - - • . i — n aa e d 9 Ir le ts . \,..1 . ••• . : s a x :1 \® 2 7 , • 40 RCRN6ilU. -/ • LUCERNE • • • •3'q ..V .� u• yConnaL • • •• • ll NatMx6•�! `r! V i •• ! _ rxtx/w1: U a.� I • •"..l x• • :4:4 x x,. x. • \ a u o p' I 24 I •-' 1 . , 2 n NION PFL/F/C Icy.. • • •1�• ._ . •• ' ,- - GILL 7 T •. • '77 •• -• 25 o.'Rxt ^, •clwxnR- J.. I` ....._._._._I 11 x, ,O • IF 43 •s• • • • - I I - _.. _. .__. _. ,.. _ .(Le Cauln - • (• ! TI _ /gypy. I CD a I. 1 • . 1.9 v • • ,• .. .e x GREEL Y Y. (I,`• �m•/I / • �• • : • - - ' • •. . u 1105 `r.I �'.__ -. � • • A • °a a: 11----*__--- • I�•v.. RDEN CITY iris: JAJ • •.V' �1 �O • •I• •±i�� • 8 I. ..roe/.eI I e ' ,�. V •'l e • • .. a• ER5EY 1 -1I• q •wnw - ! \ 'I _ i ._ I: a : • - �1 • l .. r I 23 1'. z. n ��- MU-442 i/e - 6 • :I•: • • "fit=yam U,• y .. 4 • . N a a y tYY I_.tJ ! x • ze n • x• z•• •3., .uni.dl •• •4.14 C e • • ND7f 1 a yF„a1 . l �I its.'�. n.ae• • •I C • I •r1c°• a�b•. • • � 'aiea•onT I r • • •�, •�i� II ,..• u.• . ze/ t .0.il 014 sir •. a is II II il • . • •• BEd•` _ ') 2l .7. -.� as• ! a. a. C n et20 v .I• a • • ••v� xs 4 20- v22 a•S\ • !• II J g\ • e1• _H ) x, •xr• ••! a a I n a . 2• I i•••••.. 2• it n a le a xe 3 I • Re . . .I" . I . - x s :ft , • a z i . , • a a I . • ii - . • ,' • .O II 9 1 • • C •• — 1 1 14 `ail. (••••••••••,) • !1,2 .. Is • •I a a•'1 I I �A((JJ/) II 20 2l 23 24 I 4 • 22( xI 22 a 24 I• 20 21 a a a a xa �a 20 x• a 27 a za n a a r$ 00 473 I 63 I F 4690 ' 46x0. I % 4e, es _22•___ __ _ 28 �`2 I� Olden 4664 x — 0 x1 4 }-- acez • 4�0 If 1\ P 1. .,: vi 4Glll •.��•� f ,�0 -cab ail I/ �i °I 6 466 \\ i648 _ _ _ _ _ , / werc, , I �_s ' 34 • 46aT 33 _ '•-- / 34 6650 ,,'• % o_ 464 .. 00 L I , III W y till X30 �11 III II LEI ill•II it II,� IIII N `II(RILL Ill�yIIII / 4643 '4628 _ 4625 52 ., iihisl , RE" ...pol444 ,, 0 tl L • • V6 . e 263 3/ R .,; 4623 2 • mss_ _„ - a4625 46/3 �,r_. 3 -n 4- _ 0/rDti • ovviiiii a 11 � \vv �ti\ TF S) I R4L ��—�'/' •- II� .4610 i II 0 ii O..0 iC• I 46 _i_ JL -_—v _146/8/8 I —� —c 46// 46/6 iTH FORK Yy II 0 4588 I� -4 ��I n 00 II �• 461 • , .8 31 9 - 10. 4609 • 0 G S � 9oU 7'_� % 4581 �• F H FORK / 0 - !� I \L 11 . 0 �� LII 00/6 _ Ns. II Z 4600 - V A, PLUMB . 'I DITCH 4:' p6 4581 e0. _ r a • 4594 411 FPi'f Z� f .-- ••o Np0 f �_/''�j f Y � 4�• A, o Iu • tibi 44 ,qua„.. hilt. ..±..4,1,. s • • a•1�• _ y • • tr i-. l ,,. µ 7ctu : • f U•ve.i µ 12 RC • • 1:• e E- 5la i t '4rc1\ow its � r I . . . . ! G _ t2 3 ' Sh _ - Li Y tY � e, it e tt R , ry FIELD CHECK FILING NUMBER: RE-1444 DATE OF INSPECTION: September 21, 1992 APPLICANT'S NAME: Michael L. Svoboda - John M. Wardlaw REQUEST: Recorded Exemption. LEGAL DESCRIPTION: Part of the S2 NW4 and part of the SW4 NE4 of Section 4, T5N, R64W, of the 6th P.M. , Weld County, Colorado. (Lot B of RE-746) LOCATION: North of Highway 263, east of Weld County Road 53. LAND USE: N Agricultural production, oil and gas production. E Agricultural production, oil and gas production. S Highway 263, residence, agricultural production. W 3 residences. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Highway 263. The property is in agricultural production and is flat. The property is divided by a road as shown on the aerial photograph. u rent Pla 92®x;53 REFERRAL LIST NAME: Michael L. Svoboda and John M. Wardlaw CASE NUMBER: RE-1444 REFERRALS SENT: August 19, 1992 REFERRALS TO BE RECEIVED BY: September 2, 1992 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield _ Emergency Management Office Dacono _Sheriff' s Office Eaton Engineering Erie _ Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover X Highway Department _Hudson Historical Society Johnstown _ Water Conservation Board Keenesburg Oil and Gas Conservation Commission X Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead _ Briggsdale F-24 Milliken Brighton F-3 New Raymer _ Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Platteville Hudson F-7 Severance Johnstown F-8 Thornton La Salle F-9 Windsor Mountain View F-10 Milliken F-11 COUNTIES Nunn F-12 Adams Pawnee F-22 Boulder _ Platteville F-13 Larimer Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 Federal Aviation Administration Wiggins F-l8 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission Longmont West Adams COMMISSION/BOARD MEMBER 9 AtiLtif‘ffir, MEMORAnDU WIND Lanell J. Swanson To Weld County Planning Date August 26, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Health C Case Number: RE-1444 Name: Svoboda, Michael and Subject: Wardlaw, John M. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. JSP/JS/lam-1762 U y i cNJ� AUG 2 6 1992 Weld County Planning 9:7:L: , STATE OF COLORADO DIVISION OF HIGHWAYS �,r of Nc it sN P.O. Box 850 (1!al` -� o-1 Greeley, Colorado 80632-0850 (303) 353-1232 \.1.',;:" 5�, Weld S.H. 37 August 24, 1992 ��'., L eldCo. ,Svoboda/Wardlaw Co pVG 2 6 \yy Recorded Exemption ?Xat" 3 East of Co. Rd. 53 Ms. Lanell Swanson, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application from Svoboda and Wardlaw, and we have the following comments: The highway adjacent to this property is not S.H. 263 as indicated on the application, instead, it is S.H. 37. Projected traffic on S.H. 37 indicates the need for a 150 foot right of way, 75 feet each side of the highway centerline. Since the existing width along this property may not be 75 feet north of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. Existing access to the parcels of land are legal accesses, having been "grandfathered". Any change of use of the property, including the construction of a residence, will require that an access permit be issued by this office. The permitted access must be in reasonable conformance to the State Highway Access Code. Our comments on state highway access are based on the information presented for these properties only. If either of the property owners has any interests or ownership in adjacent property along the highway, this information should be provided since it may affect our comments. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan oo r, r. Development/Access C ordinator EAH/cm cc: L. D. Yost `c'0..,`"„`3 G. E. Sisson r_, _ ** 0 AcrDEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 nnnr 915 10th STREET U Qlrl`7r7 GREELEY,COLORADO 80631 C. SEP 0 4 im I COLORADO Weld County Planning CASE NUMBER: RE-1444 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael L. Svoboda and John M. Wardlaw for a Recorded Exemption. The parcel of land is described as part of the S2 NW4 and part of the SW4 NE4 of Section 4, T5N, R64W of the 6th P.M. , Weld County, Colorado (Lot B of RE-740) . The location of the parcel of land for which this application has been submitted is north of Colorado Highway 263 , east of Weld County Road 53. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 2 , 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. � We have reviewed this request and find that it does/dte---not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refe�� to the enclosed le ter. Signed: . 1c)�� Agency: Date: l//ill )1 92.53 ADMINISTRATIVE REVIEW FLOW SHEET CASE # K/1E /y3n,7 APPLICANT: / Y7J4ic.-C_e-) J 7, 'IL CA REQUEST: acMr&f4 t/ i" C-irr,ti-J Pc LEGAL: f S ? Nu -L rvrAA 5' 5` _5 - Y 24-t lz KCB - 7vC) LOCATION: 1l n-Lt& .r e / Y29-&? l4u. - 'c,U —LeL4 _ crj /i)(-1,2 5_3 0 GDate By Application received ? ./1 9:2 , 2� Application complete Letter to applicant drafted e� . 2) Referrals listed File assembled Q� ��'x Letter to applicant mailed N . Referrals mailed Q, j 3 •' Chaindexed I q _(7 ) \ DPS recommendation drafted y? v Administrative Review decision: History card completed COMMISSIONERS' HEARING DATE: _;c °j ) Date By Air photo and maps prepared t Field check by DPS staff CC Action: (11,10_, f 4 n _ . CC resolution received to ? Z../Qj v @ - -History card completed 9 - L�� A — Recorded on maps and/or filed /2-29 -92. )Qtt) Gfl ilk_ APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: ^� APPL. FEE CASE NO. RECORDING FEE C� ZONING DISTRICT RECEIPT NO. I () 7 1 DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: 97 Acres more or less being Lot "B" of Recorded Exemption No. 0963-4-2-RE 740 TOTAL ACREAGE: 97 Acres more or less Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XX No FEE OWNERS OF PROPERTY: Name: Michael L. Svoboda Address: 27555 WCR 46, Kersey, Colorado 80644 Phone: 284-5463 5135 - W94, Name: John M. Wardlaw Address: 26271 WCR 60, Greeley, Colorado 80631 Phone: 356- 6a I i5 Name: AUG 1 9 1992 Address: Phone: r5_ Weld County Planning WATER SOURCE: Larger Parcel NWCWD Smaller Parcel NWCWO TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Residential Smaller Parcel Crop production ACREAGE: Larger Parcel 62.3 Smaller Parcel 34.7 EXISTING DWELLINGS: (Yes or No) no (Yes or No) no I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) W/&_� STATE OF COLORADO ) y el/0 Signature: Owner or Auto razed Agent Subscribed and sworn to before me this day ofa}, , 1990. . (SE_AT.) February 17,19Jotary public Faded T6ru NOTARY PUBLIC-AGENCY My Commission Expires 713 '5, August 14, 1992 Weld County Department of Planning 915 10th Street Greeley, Colorado 80631 Gentleman: John Wardlaw and I own 97 acres as described on the attached application, as tenants in common. We acquired the property under the premise of Mr. Wardlaw adding the 34 acre portion of the parcel to the adjoining property which he owns to the South through the Subdivision Exemption.Process. Since being advised by the County Planning Department that the Right of Way Boundary for Hwy 263 separates the parcels and the Subdivision Exemption procedure was not feasible, Recorded Exemption is now the only procedures to avoid Court Petition to legally sever the 97 acre parcel . Mr. Wardlaw currently operates the 34 acres which is all productive land, in conjunction with his farming and cattle feeding operation. I operate the 30 acre marginally productive portion of the 62 acre parcel to raise alfalfa in conjunction with a hay grinding operation which I own. The 62 acre portion consists of 30 acres more or less of marginally productive farmland, 24 acres of seep and drainage way and nom-productive land and 6 acres more or less dryland located in the NE corner, where I intend to construct our residence. The property has 2 existing access off of Hwy 263 which are currently maintained by ourselves and an oil company, there will be no need for additional access. This proposal is consistent with the policies of the county, comprehensive plan, the intent of the zone district in which it is located and is compatible with the existing surrounding land uses because the area is zoned for agriculture and used for crop production. The property will continue to be operated in virtually the same manner as it has been in the past, one exception being that we do a much better job of farming and controlling weeds then what has been practiced in the past. The use will be compatible with future development because again the general area is zoned for agriculture and I foresee nothing in the near or distance future to cause urban development in the area. North Weld County Water District currently provide service and sewer is septic system. The property is not located in a flood plain but is located in the overlay district of the Town of Kersey. Thank you for your consideration. Sincerel , Michael L. Svoboda C� Q � } \ 2 ` A }|4 4 z11 I [ _ • ; r ! I ' � I i > i i I | | I � I | ( I I ' I � 1 II | | I ! 1 : | I i h I K . : | • , | I ; | i _ ! , , , ! j | P , 2 | : • ` | . • b H ' I | b | I | | I I 7 , ! ! r � i � • I � ! _ i i a . _ y ,, � i I1 ' • 2 u ! z& &! ' i E 2 • — g ) , - Li i i / III g I „ -. ` ' 1-g %, I ; ,- t - i ' — }i w - . ( .T. i • § , _ , - \ 4 I \ 4 w ii " I | | | M . � � � 2 -� � , 2 i _ � -'- 3 --r- , : _ \ ! � : � � k | e £ LJ LI , « • ` el � • & 1 C31 = . ; III ki rIi I I I i | m 1 : | 0 i � ® | | i Et | - . • | . § —TT— . ..e. , I I } ' in I i | i i I / \ I - t. |' . - . / . Q ; I • ,� | : i -- I I. - E§ .4'-1;i'\ B 7ARD OF DIRECTORS E ?NEST TIGGES : ` . NORTH WELD COUNTY WATER DISTRICT G \RY SIMPSON E ?NEST ROSS talk"? se HIGHWAY 85 • LUCERNE, COLORADO 80646 V\ M. McKAY C 'ARLES ACHZIGER 2 �'1'I 1 _ LYLE NELSON, MGR. s' J Jam= P.O. BOX 56 • PHONE 356-3020 August 14 , 1992 RE : Water Service Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property: Part of the S1 , NW's , SW1 of the NE1 of Section 4-5N-64W • 1. Water service is presently being provided to the above described property. 2 . X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUNTY' WATER DISTRICT 2 Ly D. Nelson, Manager NDL/ds 920:153 Pat McNear WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8031220 The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 3O, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 0963-4-2-RE740, recorded April 24, 1985 in Book 1066 as Reception No. 02007082, being a part of the S1/2 of the NW1/4 and the SW1/4 of the NE1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1687546 , Book 766 Reception No. 1706276 , Book 784 Reception No. 2136156 , Book 1191 Reception No. 2162350 , Book 1216 Reception No. 2282347 , Book 1330 Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 5th day of August , A.D. , 1992 . at 7:00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY: 4 1%u-et , LE% AUTBO11FIllttttttIBM SIGNA , E r _ e ` r , -,-1-- --- _— t - -- .. ., _ ... �• —I Cr goof f If MAY 31976 Recorded at t., o'clock ._ ' 766 Reception No ]..6875.46_ _.-..._.._._s.rf.$a[t .la,...Recorder. _, h rt -I l RECORDER'S STAMP t"i .. 7 THIS DEED, Made this ""28th- day of---April 1976 ,between ROSS D. KAY and GRACE E. KAY, Husband and Wife, a-t - Stale Documentary Fee I MAY 3 1976 Dole. 3 1 ..- of the County d and Stated 3_7,3 1 '�/ lib :Colorado,of the fleet part,and RICHARD DALE SITZMAN and • _.- ?'' _._ MARY A. SITZMAN •-i -- -- • of the County of----Weld- and State of Colorado.of the second part: ___ W ITT RSSETN,that the said parties of the first part,for and in consideration of the sum of other good o- and valuable consideration and Ten and no/100- .DOLLARS, • _ _ N N O b the said Dartief of the first part In hand paid by the mid peruse of the sewed part the receipt whereof Is F _ , p hereby confessed and acknowledged,have granted,bargained,sold sad conveyed,and by these presents do N c grant,bargain,sell,convey and confirm unto the said parties of the second part,their helm and assigns forever,not O ., in tenancy In common but in Joint tenancy all the following described lot or pared of land,situate,lying and 0 - being In the County d Weld- end State of Colorado,to wit: _ _ 1n The South Half of the Northwest Quarter (S1 NW 1/4)and the ti =-' '- Southwest Quarter of the Northeast Quarter (SW ENE.)of ect - �+ Section Four (4), Township Five (5) North, Range Sixty-four! a (64), West of the Sixth Principal Meridian, Weld County, w- . . Colorado, except right-of-way as conveyed by Deed recorded _` w _r, _ 41,. . III Book 1067, Page 193, Weld County Records and except a • `; ,parcel of land as conveyed by Deed recorded under Reception I.. - . Nb. 1512152, Book 590, Weld County Records. ,' 'lagether with four (4)shares of the capital stock of The r New Cache LaPoudre Irrigating Company, eight (8)shares ; "•of the capital stock of The Cache LaPoudre Reservoir Company, and ten (10)shares of the capital stock of The - 'Cooks Irrigation Company. ',- _ , C i T ,ti __ Pt' t — Grantors hereby reserve unto themselves an undivided one-half +:17, - interest in all oil, gas and other minerals fora term of 20 years from the date hereof and if then in production, for so long there- __� - after as production continues, I = i _ • TOGETHER with all and singular the hereditament' and appurtenances thereunte belonging,or la anywise LL aPPertainiag, and the reversion and reversions, remainder and remainders,rents,Issues and profits thereof;and ea _ all the estate,right,title,interest,glider and demand whatsoever of the said parties of the fiat pat,either in - - I law or equity,of,In and to the above bargained premises,with the beredltamenta aW appurtenances. • — • •. Ns.US,wYYMyr ea5Ore Jean twat.-5M(W PsaihW Ce.IaH5 Mewl 4,M Dome.tab,W-1144 if Y . - 92v -.':D 3 { .�.._ _- .___ `c _ . IYt . _ tr .ye. -. , ... - - • • - -sass ,..�. - " sass ._soc4^766 Ri I687546 z t. TO RAVE AND TO HOLD the maid premises above bargained and described,with the appurtenances.unto the - I rah, Iii said putien of the second paK their help and assigns braver.And the said part of the tint part.Ice - I -- them selves, theitteln,aerators,and almluletntan, • tdo covenant.Rant.bargain and agree to O• and with the said parties.1 the secondd part,their hairs and e.aiga.,that at the time of the*nesting and delivery - of them prompts, they are well seised of the premises above conveyed.as of good,an,perfect absolute -ad Indefeasible estate of inheritance In law,In fee simple.and have good right,full power and lawful authority . a to grant,bargain.sell ad convey the same In manner ad form aforesaid.ad that the same are free and clear from " . all former and other grants,bargains,salsa,lien.,tares,awaments and hlcumbrarees of whatever kind or nature, .I._.t. r- aev.r. except reservation: in United States Patent, rights-of-way for public roads, Oil and Gas Lease of record and 1976 real property taxes payable in 1977 which shall • v-i U ha be paid by Grantees; 1978 Farm Lease _ : Ol r I ₹6 • r {,. N at' l In n 1 " I P - , S and titm above bargained premises in the quiet and peaceable possession of t e said parties of the second part,their r 1 I a heir.and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, en the said panic. of Use Mal put ehall and will WARRANT AND FOREVER DEFEND. .4.. . - S IN WITNESS WHEREOF•the said part ies of the first past have hereunto at their hands and • �i seals the des and you fiat above written. - # I. , i I ;2 I at Signed.Sealed ad Delivered in the hosanna f --(7j—. Ar.Ag ..(SEAL] b t.... i I' in C .. _.._.._____..._ �. Atha-F. -._. I ao.,._._.(SEAL] _. •- (Grace E, Kay, Wife) '^ :r ........_......_...._.---__-- l (SEAL] STATE OF COLORADO. lagI .�` v ,. Gamy of Weld J 4. —_h e SI:'1Wl.. stnm.et was rlmowiedred before me this ,,,78'` day of ar.tal. _ - - :-ats j611 •'� Kay and Grace E. Kay, Husband and Wife. 'Vat. atm o$in C�I o . ..G.', 8 .ie7E+ .Witness my hand and official mat 'w... LrBLw o a " a p ;. •t m,of c.w.o.,/ I / / .,,_r+.�_.v... ...aaf....r:e:V.'�/....1.. .-.'�—. .T __ , x att•n Or&ste.'e..n,.w•o..ban Jason ease or sass;law p.n....at..r snentamn or auJ na,tltr or or arse-sat - T. _ Yes Java eau al ens u.,tan'Portent-Ian or eed.,we......Y.Mtbaa e r dna al rewxa Mr bowl tans et semi - .Maw w retWa a W rennin(or atm terse al!Y asrwraWa.mu*.It. _ 1. 'l I ...7.% -•T S t s I I 3( z Ili�4 I&711Vw L n I .,if..,.. ii. ttt ( r 1 8 r �F��„ . _ _ t .yam 94+re 1 } ` • at •z a IH.. _ V toot 784 aacudol et , o'clock P �, nEc 1 197 706276 7 asc.Na Hey An,Fcaeach Rama* /_/ BARGAIN AM) SALE DEED KNOW ALL MEN BY THESE PRESENTS, That Richard Dale Sltanan and Mary A. Sitamn, as joint tenants, whose street address in 408 Second Street ! !' City or Town of Kersey - - and State of Colorado , County of Weld a joint tenancy and Ten ($10.00 • for the consideration of severing the )andDal tars, in hand paid, hereby sell and 1 � cwnvey to'-!Richard Dale Shaman and Mary A. Sitzman, Co-tenants, � • r. whose streetAddress is 408 Second Street IA City or Town of Kersey and State of Colorado, the following real County of Weld o, property in the County of Weld and State of Colorado, to, th The South Half of the Northwest Quarter (S}NWj) and the Southwest Quarter of the Northeast Quarter (SW}NE}) of Section Four (4), Township Five (5) North, Range `A Sixty-four (64), West of the Sixth Principal Meridian, , Weld County, Colorado, except right-of-way as conveyed Laby Deed recorded in Book 1067, Page 193, Weld County Records and except a parcel of land as conveyed by Deed recorded under Reception No. 1512152, Book 590, Weld County Records. Together with Four (4) shares of the capital stock of The New Cache LaPoudre Irrigating Company, eight (8) shares of the capital stock of The Cache LaPoudre Reservoir Company, and ten (10) shares of the capital stock of The Cooke Irrigation Company. with all its urtenances Subject to interest retained by Ross D. Kay and Grace E. Kay as recorded in Book 766, Reception No. 1687548, Weld County Records that being an undivided one-half (4) interest in all oil, gas and other minerals for a term of twenty (20) years from the date and if then in production, for so long thereafter as production continues. Signed this /7 day of December , 1976. \ CHARD DALE IIT2MAN--a-" `i.z n�2L�AaJ MARY , 8I ZMAN STATE OF COLORADO ) )COUNTI OF WELD 1 as. 64. The foregoing instrument was acknowledged before me this/' day of Decembea 1976, byRichard Dale Stizman and Mary A. 8itzman. WITNESS my hand and official seal. i. Nov.25,1980 Hy commission expires: unE ,.' H tit: t O •�•;; `•••••/'nary � � l ry Public a;•�t�a 1 s' 4 O AR2136156 F 0080 MARY ANN 6 156 03/30/88 I FEUERSTEINCLERE L4 RECORDER CO,WELD 1/003 , C CO SHERIFF'S DEED UNDER FORECLOSURE DECREE WHEREAS, Asso- ciation did in 11 the N District District Production in and for Weld tCounty, Colorado, Civil Action No. 86 CV 871, recover a judgment against Richard Dale Sitzman; Mary A. Sitzman; Lydia Sitzman and R. t R. Sitzman, a Colorado Partnership, for the sum of Six Hundred Thousand, Five Hundred Sixty-Three Dollars and Twelve cents, (S600,563.12); and in its Decree dated June 25, 1987, the Court ordered that I sell the property hereinafter described; and the same was sold to Ninth District Production Credit Association, the highest bidder. (2) I signed and acknowledged in duplicate a Certificate of Purchase and delivered one to the purchaser and recorded the other in the Clerk and Recorder's office of Weld County, Colorado. (3) The Certificate of Purchase has not been assigned. (4) The time for redemption has elapsed and no redemption has been made of the lands, premises and property so sold. NOW THEREFORE I, the Sheriff of said Weld County, Colorado, in consideration of the premises, have granted and sold, and do hereby convey to Ninth District Production Credit Association the following real property located in Weld County, Colorado: Parcel(a) The South Half of the Northwest Quarter (S;NWI) and the Southwest Quarter of the Northeast Quarter (SWi NEI) of Section Four (4) , Township Five (5) North, Range Sixty-four (64) West of the Sixth Principal Meridian, Weld County, Colorado, EXCEPT right-of-way as conveyed by Deed recorded in Book 1067, Page 193, Weld County Records, and EXCEPT Lot A as conveyed by deed recorded May 7, 1985, in Book 1068, at Recep- tion No. 02008735, Weld County records; and EXCEPT a parcel of land as conveyed by deed recorded in Book 590, as Reception No. 1512152, Weld County records, TOGETHER with four (4) shares of the capital stock of The New Cache La Poudre Irrigating Company, eight (8) shares of the capital stock of the Cache La Poudre Reservoir Company, and ten (10) shares of the capital stock of the Cooke Irrigation Compa- ny. Said Parcel (a) was sold subject to certain prior inter- ests of record, specifically including a deed of trust in favor of Ross D. Ray and Grace E. Ray recorded at Book 766, Reception No. 1687547, Weld County Records and subject to an oil and gas lease recorded at Reception No. 1865215, Weld County records. 20_,- I 1 � 1 y 4 °• B 1191 REC 02136156 03/30/88 11:44 $9.00 2/003 F 0081 MARY ANN FEUERSTEIN CLERK it RECORDER WELD CO, CO Parcel(b) The West Half of the Southeast Quarter (WI SEi) of Section Three (3) , Township Five (5) North, Range Sixty-four (64) West of the 6th P.M., excepting a tract of land in the southwest corner thereof 13 rods square. The East Half of the Southwest Quarter (E; SW1) of Section Four (4) and all that portion of the Northeast Quarter of the Northwest Quarter (NEI NWi) Section Nine (9) lying North of the right-of-way of the Ogilvy Irrigation and Land Company canal, commonly called the Ogilvy Ditch, more particularly described as follows: Beginning at the quarter-quarter corner of the north side of the Northwest Quarter (NWi) of said Section Nine (9) : running thence by true variation 14.30' East as follows: South 0'10' West 430 feet; thence North 89.25' East 604 feet; thence South 82.05' East 590 feet; thence South 68°06' East 140 feet to the centerline of Section Nine (9); thence North 0°20' East 530 feet to the quarter corner on the north side of Sec- tion (9) ; thence South 89°45' West 1317.5 feet on the Section line to the point of beginning; all in Township Five (5) North, Range Sixty-four (64) West of the 6th P.M., in Weld County, Colorado, EXCEPT land as conveyed by deeds recorded in Book 130, Page 299, and in Book 163, Page 456, Weld County records; and EXCEPT a right of way as conveyed by deed recorded in Book 1067, Page 451, Weld County records; and EXCEPT a right of way easement as described in Book 846, as Reception No. 1767533, Weld County records. Together with 60 shares of the capital stock of the Briscoe Ir- rigation Company, 4 shares of the capital stock of the Blaine Lateral Ditch Company, 4 shares of the capital stock of the New Cache La Poudre Irrigation Company, 8 shares of the capital stock of the Cooke Irrigation Company, and also together with all right, title and interest in and to irrigation well No. R-13631 as registered in the office of the State Engineer, State of Colorado, and as adjudicated by the Water Court in District 1, Division 1, under Civil Action No. 16704, Claim No. 381 for 2.00 c.f.s. Said Parcel (b) was sold subject to prior interests of re- cord, specifically including a deed of trust in favor of John Hancock Mutual Life Insurance Company, recorded at Book 765, Reception No. 1687082, weld County records, and subject to cer- tain interests specified in the foreclosure decree and arising from an oil and gas lease recorded at Book 943, Reception No. 1865238, Weld County records. 9'0-•31' • B 1191 REC 02136156 03/30/88 11{64 $9.00 3/003 F 0082 MARY ANN FEUERSTEIN CLERK f RECORDER WELD CO, CO to have and to hold the same with all appurtenances thereunto belonging, forever. - Witness my hand this `'� day of March, 1988 ED JORDAN, SHERIFF Weld County, Colorado BY: Ed J an, S er ff Wel ounty Sheriff's Office P.O. Box 759 Greeley, Colorado 80632 STATE OF COLORADO ) se. COUNTY OF WELD The foregoing instrument was acknowledged before me this - _ 30'!' day of March, 1988, by Ed Jordan, Sheriff of Weld Coun- ty, Colorado. Witness my hand and official seal. My commission expires: /U-L - 4O - ioTAgy•c,• `; d9£ Public ood v`,PUBI��;o Or re' 9Z01•53 . { • I , • Y lr. i .. - f B 1216 REC 02162350 11/17/88 16:22 $9.00 1/003 F 1217 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO AR2162350 &vsFA CORPORATION SPECIAL WARRANTY DEED Da nr /Z Ninth District Production Credit Association THIS INDENTURE, Made this 16th day of November, 1988, between NINTH DISTRICT PRODUCTION CREDIT ASSOCIATION, a corporation, party of the first part, and NOFFSINCER MANUFACTURING CO. , INC., a Colorado Corporation, whose address is P. O. Box 488, Greeley, Colorado 80632, party of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of $180,000.00 (One-hundred and eighty thousand and no/100's) DOLLARS, and other valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said party of the second part, their heirs, successors and assigns, forever, its OF title to and interest in the following described real estate $18.00 situated in the County of Weld and State of Colorado, to-wit: SEE ATTACHED EXHIBIT 'A' TOGETHER with seven and one-half (7 1/2) shares of the Capital Stock of The New Cache La Poudre Irrigating Company, fifteen (15) shares of the Capital stock of The Cache La Poudre Reservoir Company, eighteen and one-half (18 1/2) shares of the Capital stock of The Cooke Irrigation Company and seventy-six units of Northern Colorado Water Conservancy District and irrigation Well No. R-13631. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, and any discrepancies an accurate survey would reveal. TO HAVE AND TO HOLD The same, together with all and singular the title and interest of party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises: and that it will WARRANT AND DEFEND the same unto the party of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. I Page 1 of 2 Pages 920:::53 • IP B 1216 REC 02162350 11/17/88 16:22 $9.00 2/003 F 1218 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused these presents. to be signed by its Assistant Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. 11C110/ ATTEST: Q@`..•••• ..f Cp.:NINTH DISTRICT PRODUCTION ti • c, CREDIT ASSOCIATION, a � - --, - ' Cep rpo ration • i7 ye A sistant Secretary ;<-`'5; Jos A. Ho f 2 .... \l ,�° As sistant Vice President ACKNOWLEDGEMENT STATE OF COLORADO ) 55. COUNTY OF WELD ) • Before me, the undersigned, a Notary Public in and for said County and State, on this 16th day of November, 1988, personally appeared Joseph A. Hoff to me personally known and known to me to • be the identical person who subscribed the name of Ninth District Production Credit Association, a corporation, to the foregoing instrument as its Assistant Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes set forth and specified therein. Witness my hand and seal the day and year laasst above written. 777 Notary Public yet . 5 ......... 127 22nd Street •., ,, Greeley, CO 80631 ORRY .{%ltipyammiaBion expires: January 20, 1991 °r•:AUBUt: ° 1 Page 2 of 2 Pages • • B 1216 REC 02162350 11/17/88 16:22 $9.00 3/003 F 1219 MARY ANN FEUEFSTEIN CLERK L RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado, County of Weld. Described as: PARCEL 1: Lot B of Recorded Exemption No. 0963-4-3-RE1119, recorded November 3, 1988 in Book 1215 as Reception No. 2160832, being a part of the E 1/2 of the SW 1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M. PARCEL 2: Lot B of Recorded Exemption No. 0963-4-2-RE740, recorded April 24, 1985 in Book 1066 as Reception No. 2007082, described as follows: The S 1/2 of the NW 1/4 and the SW 1/4 of the NE 1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M., EXCEPT: That portion conveyed to Ronald A. Brungardt and Ruth Brungardt by Deed recorded May 24, 1985 in Book 1070 as Reception No. 2011047 described as follows: Lot A of Recorded Exemption No. 0963-4-2-RE 740 being a portion of the S 1/2 of the NW 1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M. • ALSO EXCEPT: That portion conveyed to Jacob Bauer and Katherine Bauer by Deed recorded January 17, 1968 in Book 590 as Reception No. 1512152 described as follows: A parcel of land located in the SW 1/4 of the NW 1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the West quarter corner of said Section 4 and considering the S. line of said NW 1/4 of Section 4 to bear 589'49'20'E with all bearings contained herein relative thereto; thence 689'49'20•E along said S. line of the NW 1/4 of Section 4, 554.22 feet; thence N00'20'50'W, 35.00 feet to the apparent N. right- of-way line of Colo. St. Hwy. 437 and the TRUE POINT OF BEG:NNING; thence N00'20'50'W, 340.00 feet; thence 589'49'20'E, 430.17 feet; thence S00'20.50'E, 340.00 feet to the said apparent N. right-of-way line of Colo. St. Hwy 437; thence N89'49'20'W along said N. right-of-way line 430. 17 feet to the TRUE POINT OF BEGINNING. s — B 1330 REC 02282347 03/27/92 15:00 110.00 1/002 AR22E2347 F 0392 MARY ANN FEUERSTEIN CLERX h RECORDER WELD CO, CO WARRANTY DEED THLS DEED.Made this 26th dayof Mardi .l9 92 - ber.eea run-BIKER MIMI A M:RU C OD., INC. Store D°tt^x^bah', FM Doan.. `/tC c''%< a corporation duly organized and editing under and by virtue of the laws of the State 5 __. , ['C1 . of Colorado .gnalor.and • • MICHAEL L. SVO0CT A and JOIN H. FPUcITH wbwe kgal adders Is 27555 Veld Cotnty Road 46 YerseY, CO. 80644 of the 'County of Weld .State of Coke-ado.grantee: NTUNE_SSETW.Thai the grantor.for and in comideratiimn of the ssm of SEVENTY TliC SAID AND 00/100ths DoLLARs. ....1,.. the recce and sufficiency of which is hetrby acknwkdgcd.has granted.bargained.sold and conwyrd.and by these ptesew does be C K( gran. bargain. fell. consry and confirm. unto the grantee. his hem and assigns kxexr. all the real pmgcny. together .it 7 5.0 emposvmeam.if any.situate.lying and being in the cam.of ;tip Slated Colorado.described as follow,: . SEC FJOitBIT "A" ATDiO0) HERETO • also known by strew and number as: TOGETHER with all and singular the hereditanems and appurtenances theme belonging.or in anywise appertaining.and the insertion and mnresdm.remainder and innanden.rents.issues and profits thereof.and all the owe,nth,.Ink.imam.claim and demand whatwcser of the grantor,eider in law or equity.of.in and to the abate bargained premises.with the dvrditamerf and aPPorne,tarrea. TO HAVE AND TO HOLD die said premises above bargained and described with the appurtenances.unto the grantee.his heirs and assigns forever.And the grantor.for welt and its weeesson.does osetant.gran,bargain and agree to and aid.the panne.has h n and assigns.charade time of the enseding and delivery of these present.it is well seized of the premises abase conveyed.has good. sae.perfect.absolute and indefeasible estate of inheritance.in law.in lee simple.and has good nght.full pore and authority to grant. bargain.tell and enemy the same in manna and form as aforesaid.and that the sane are free and clear fawn all former and other grans.bargains,sales,.am,taxes.assessments.encumbrance,and restrictions of.burner kind or naiurr wesnt weep general real estate taxes for 1992 and subsequent years, except easements, restrictions, ooverants, conditions, reservations and rights of way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the,Awe-bargained pem',es in the quiet and peaceable possession of the grantee.has hen and assign,against all and nay person or persons lawfully claiming the whole or any pan thereof The singular,umber fwd include the pineal.the plural the singular and the use of any gender shall be ap�n� LN WITNESS WHEREOF.The grantor has caned its corporate name to be hereunto subscnbed by its Mkank to all genders.d and its corporate sal to be hereunto affixed.attested by w Secretary. J n the day arid year first Attest: -. d� Ll/� �¢/ NOEFSIN R 1711GFAC;URI1iC W., lit. 4�/•uI a Colorado Corporation ..�.9 5 l,• t STATE OF COLORADO '•a.....•:•_ Countyof Wan J ss. The foregoing instrument was acknowledged bete me this 26th dy of March .19 92 by Robert M. Noffeinger, Jr. and Edwin W. Walters, Assistant Vice President a Secretary d Ibffsinger Manfuf�fza�cta�igs.si//i�y Co. Inc., a Colorado Corporationas ss,aetry Mx Co m isston apace —_ TC 7^�( 3 94 •corporation Wturn my hand and official seal.. .Y',bt to' . „ //l.(w}Lli� ��! ors.! ter R�kf 1113 10th Avenue "s Greeley, CO. 80631 'If in Denser.mmers'City and." Mw an.M SK a uman nID Ka,awnaal .. " NNW...04,Was It.Drs+,.CO Rea—040115141410—110 -„ - B 1330 REC 02282347 03/27/92 15:00 $10.00 2/002 F 0393 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0963-4-2-RE740, recorded April 24, 1985 in Book 1066 as Reception No. 02007082, described as follows: The S1/2 of the NW1/4 and the SW1/4 of the NE1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT: That ion eyed to d A.rt Ruth Brungadt b Deed recorded May 24,1V1985 in Book 11070 asu Reception ngardt dNo. 02011047r descry ibed as follows: Lot A of Recorded Exemption No. 0963-4-2-RE740 being a portion of the S1/2 of the NW1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M., ALSO EXCEPT: That portion conveyed to Jacob Bauer and Katherine Bauer by Deed recorded January 17, 1968 in Book 590 as Reception No. 1512152 described as follows: A parcel of land located in the SWI/4 of the NW1/4 of Section 4, Township 5 North, Range 64 West of the 6th P.M., being more particularly described as follows: Commencing at the West quarter corner of said Section 4 and considering the S. line of said NW1/4 of Section 4 to bear South 89 degrees 49 • minutes 20 seconds East with all bearings contained herein relative thereto; thence South 89 degrees 49 minutes 20 seconds East along said South line of NW1/4 of Section 4, 554.22 feet; thence North 00 degrees 20 minutes 50 seconds West, 35.00 feet to the apparent North right-of-way line of Colo. St. Hwy. /37 and the True Point of Beginning; thence North 00 degrees 20 minutes 50 seconds West, 340.00 feet; thence South 89 degrees 49 minutes 20 seconds East, 430.17 feet; thence South 00 degrees 20 minutes 50 seconds East, 340.00 feet to the said apparent North right of way line of Colo. St. Hwy /37; thence North 89 degrees 49 minutes 20 seconds West along said North right-of-way line 430.17 feet to the True Point of Beginning. TOGETHERWIM lute and Ole-half shares of the New Cache La Poudre Irrigating Om4mny, Seven shares of Cache La Poudre Ieservoir Co. and Eight and Ore-half shares of The Oxte Irrigation Capany 1 aZ01 3 tirrcti. S DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO August 19, 1992 Michael L. Svoboda John M. Wardlaw 27555 Weld County Road 46 26271 Weld County Road 60 Kersey, CO 80644 Greeley, CO 80631 Subject: Recorded Exemption - RE-1444 Dear Mr. Svoboda and Mr. Wardlaw: Your recorded exemption application is complete and in order and will be processed on or before September 19 , 1992. If it is determined that the application meets the approval criteria of Section 9-2 E. . (1) (a) through (m) of the Weld County Subdivision Regulations , you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for its review and comments. Please call Marlene Hookum, at 353-1681, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J. S a son Current Planner ' a r s DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO September 24, 1992 Michael L. Svoboda John M. Wardlaw 27555 Weld County Road 46 26271 Weld County Road 60 Kersey, CO 80644 Greeley, CO 80631 ' Subject: RE-1444 - Request for a Recorded Exemption on a parcel of land described as part of the S2 NW4 and part of the SW4 NE4 of Section 4, T5N, R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. Svoboda and Mr. Wardlaw: I have scheduled a meeting with the Board of County Commissioners on Wednesday, September 30, 1992 , at 9 :00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. 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